Agreement and Release Form Liability
Dec 23, 2024 09:27 AM
1.Voluntary Participation. I acknowledge that I have Voluntarily agreed to participate in at the premises of Sparrow Home Academy with my child (children).
2.Assumption of Risk. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE POTENTIAL DANGER INVOLVED, HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH AND VERIFY THIS STATEMENT BY SIGNING THIS RELEASE FORM.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN SPARROW HOME ACADEMY (hereinafter "SHA") Programs and Activities including but not limited to any risk that might arise from negligence or carelessness on the part of the persons or entities being released, because of their possible liability without fault, or from danger to any real or perceived exposure to COVID-19 virus through participation in SHA event and/or future events held by SHA and not limited to outside events, but including events held inside the Home of Director.
I certify that I am physically well, I do not have any symptoms of COVID-19 and no qualified medical professional has advised me (us) to not participate or to stay home in quarantine or isolation. I certify that there are no health-related reasons or problems which preclude my participation in this activity, and or future events by SHA.
3.Release. As consideration for being permitted by Sparrow Home Academy to participate in these activities and use related facilities, I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue, or attach the property of Sparrow Home Academy, HB Sales, inc. and all other owned properties on account of injury or damage resulting from the negligence or other acts, howsoever caused, by any employee, agent, or contractor of Sparrow Home Academy as a result of my participation in the above-stated activity.
I hereby release Sparrow Home Academy from any and all actions, claims, or demands that I, my assignees, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury or damage resulting from my participation in the above-stated activity.
I waive, release, and discharge, Sparrow Home Academy and its directors, officers, employees, volunteers, representatives, and agents from any and all liability, including but not limited to, liability arising from negligence or fault of the agents of Sparrow Home Academy or other participants of Sparrow Home Academy Events and Programs, for any real or perceived exposure to COVID-19, illness, death, disability, personal injury, property damage, or actions of any kind which hereafter occur to me at any time including during my (our) travel to and from this activity.
I acknowledge that this activity may involve direct physical contact with individuals other than my (our) immediate family and/or household members. I acknowledge that I am attending SHA Events and Programs of my (our) own free will and Sparrow Home Academy and its directors, officers, employees, volunteers, representatives, or agents did not force or compel me to attend. I acknowledge that I (we) have been and will again be in public places, businesses, and in the presence of individuals other than those in my (our) household before and after Sparrow Home Academy Events and Programs.
This waiver and release of liability shall remain in effect for the duration of my (our) participation in this initial Enrollment and all subsequent Future Enrollment. This Waiver and Release from Liability form shall also apply to all minors and persons in my (our) legal care, custody, and control attending Sparrow Home Academy Programs and Events. This Waiver Release from Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible and governed by the laws of the State of California and supersedes any and all previous oral or written promises or agreements.
I acknowledge this Waiver and Release is reasonable, valid, and enforceable. However, if any term, covenant, condition, or provision of this Waiver and Release is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the intent of all parties that such provision is severable and the remainder of this Waiver and Release will in no way be affected, impaired, or invalidated as a result.
4.Knowing and Voluntary Execution. I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME AND SPARROW HOME ACADEMY AND SIGN IT OF MY OWN FREE WILL.
5.Indemnification. I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this Waiver and Release from Liability form from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise. I acknowledge that Sparrow Home Academy is NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting specific activity on their behalf and SHA is not responsible for any real or perceived exposure to COVID-19.
6.Choice Of Law. This Agreement shall be governed in accordance with the laws of the State of California. The parties pledge to make every reasonable effort to resolve any disputes/conflicts privately. Any unresolved conflict or claim arising out of or relating to this Agreement, or the breach thereof, which the parties hereto are unable to resolve, shall be settled by mediation in a mutually agreed upon location. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce the mediation agreement. Both parties will equally share the costs of mediation. The existence, or content or results of any proceedings under this Agreement shall be confidential.
I CERTIFY THAT I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY FORM AND I FULLY UNDERSTAND ITS CONTENT. AM AWARE THAT THIS RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN
FREE WILL.